IN THE CASE OF: 

		BOARD DATE: 9 November 2023

		DOCKET NUMBER: AR20230002368


APPLICANT REQUESTS: Transfer Education Benefits (TEB) under the Post 9/11 G.I. 
Bill to his dependent children.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 
8 February 2016
*	GI Bill Transfer Education Benefits webpage

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states, in pertinent part, while serving in the National Guard he 
transferred his GI Bill benefits to his wife and one child. He was unaware that he had to 
transfer at least one month of his remaining benefits to his other two dependent children 
prior to his discharge. He was not given a discharge brief on these benefits and would 
like to transfer the remainder of his benefits to his other two children.

3.  A review of the applicant's available service record reflects the following:

   a.	On 15 March 2004, he enlisted in the U.S. Army Reserve (USAR) for a period of 
8 years.

b.	On or about 11 January 2005, he enlisted in the Regular Army.

c.	On 21 June 2005, Headquarters, 63D Regional Readiness Command issued 
Orders Number 05-172-00037 honorably discharging him from the USAR with a 
retroactive effective date of 15 June 2005.

   d.	On 13 March 2008, he reenlisted in the Regular Army for a period of 4 years and 
continued service through one extension.

   e.	On 13 October 2015, he enlisted in the Army National Guard (ARNG) for a period 
of 3 years.

f.	On 14 December 2015, the United States Army Garrison-Hawaii issued Orders 
Number 348-0029 reassigning him to the U.S. Army transition point for transition 
processing and honorable discharge from active duty, effective 8 February 2016.

   g.	DD Form 214, ending 8 February 2016 shows an honorable release from active 
duty for completion of required active service and transfer to his ARNG unit. Item 12 
(Record of Service) shows service from 11 January 2005 to 8 February 2016 for a net 
active service this period of 11 years and 28 days.

   h.	On 8 February 2019, the Joint Force Headquarters, California ARNG issued 
Orders Number 39-1010 honorably discharging him from the ARNG.

   i.	His record is void of a National Guard Bureau (NGB) Form 22 (Report of 
Separation and Record of Service).

4.  The applicant provides the GI Bill Transfer Education Benefits webpage showing he 
transferred benefits to his spouse and one dependent child prior to his discharge with 
no benefits transferred to his other two dependent children.

5.  On 28 July 2023, the NGB, Chief, Special Actions Branch provided an advisory 
opinion recommending approval of the applicant request stating, in effect:

   a.	Title 38, USC, Section 3319 requires service members to transfer at least one 
month of benefits to their eligible dependents before separating from service. The 
applicant transferred benefits to his spouse before separating but did not transfer any 
benefits to his other dependents.

b.	Because he was not properly counseled on the requirement to transfer his 
benefits to all eligible dependents before separating from service, this office 
recommends the Board grant relief.

   c.	This opinion was coordinated with the ARNG Education Services Branch.

6.  On 8 August 2023, the applicant was provided with a copy of the advisory opinion to 
provide a response. He has not responded.


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is warranted.

2.  The Board concurred with the conclusion of the advisory official that failure to 
properly counsel the applicant led to his failure to execute his intent to transfer 
education benefits to each of his eligible dependents. The Board determined the 
applicant’s record to show he transferred 1 month of education benefits to each of his 
eligible dependents prior to his discharge.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army and Army National Guard records of the individual concerned be corrected to 
show he transferred 1 month of education benefits to each of his eligible dependents 
prior to his discharge.
	 
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.

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REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 years after discovery of the alleged error or injustice. This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  Public Law 110-252 section 3319 (Authority to Transfer Unused Education Benefits 
to Family Members) states that an individual transferring an entitlement to educational 
assistance under this section shall designate the dependent or dependents to whom 
such entitlement is being transferred, designate the number of months of such 
entitlement to be transferred to each such dependent and specify the period for which 
the transfer shall be effective for each dependent. An individual approved to transfer 
entitlement to educational assistance under this section may transfer such entitlement 
only while serving as a member of the armed forces when the transfer is executed. 

3.  On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that 
identified and established responsibilities, eligibility criteria, benefits, and detailed 
guidance on the administration of the program.  

    a.  Transferability of Unused Benefits to Dependents. For the purposes of 
transferability, Armed Forces include all active duty service and all Selected Reserve 
service regardless of branch of service or component. Soldiers whose request to 
transfer benefits is approved will incur an additional service obligation in accordance 
with the below policy.  Soldiers are expected to serve the additional service obligation.

     b.  Eligibility.

(1)	 Any Soldier of the Armed Forces who fulfills Post 9/11 GI Bill eligibility
requirements and who, at the time of the approval of the Soldier's request to transfer 
entitlement to educational assistance does not have an adverse action flag, is eligible 
for the Post 9/11 GI Bill, and

           (2)  Has at least 6 years of service in the Armed Forces on the date of election 
and agrees to serve 4 additional years from the date of request, regardless of the 
number of months transferred, or

   (3)  Has at least 10 years of service in the Armed Forces on the date of election 
and if cannot commit to 4 additional years due to a Retention Control Point (RCP) or 
Mandatory Retirement Date (MRD), must commit to serve for the maximum amount of 
time allowed by either RCP or MRD as of the date of request, regardless of the number 
of months transferred.
4.  Army Regulation 621-202 (Army Educational Incentives and Entitlements) paragraph 
4-15 states Soldiers may elect to transfer their Post-9/11 GI Bill education benefits to 
their spouse, one or more of their children, or a combination of spouse and children 
through the TEB website in the milConnect portal at https://www.dmdc.osd.mil/mil-
connect or http://milconnect.dmdc.mil. Only dependents listed as eligible in the TEB 
website may receive the Post-9/11 GI Bill education benefit. TEB is neither an 
entitlement nor a transition benefit, but was specifically identified by statute as a tool for 
recruitment and retention of the career force. The ability to transfer the Post-9/11 GI Bill 
education benefit was created as a recruitment and retention incentive for additional 
service within the Uniformed Services. Soldiers may increase, decrease, or revoke 
months to an eligible dependent at any time as long as at least one month is transferred 
to the dependent before the Soldier leaves the Armed Forces. Once a Soldier leaves 
service, the Soldier may not transfer benefits to dependents who had not received at 
least one month while the Soldier was on active duty or in the Selected Reserve.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230002368


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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